Bill Text: TX HB2306 | 2013-2014 | 83rd Legislature | Introduced

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Bill Title: Relating to the permanent authority of certain voters to vote early by mail.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2013-05-07 - Committee report sent to Calendars [HB2306 Detail]

Download: Texas-2013-HB2306-Introduced.html

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83R7558 ATP-D
By: Thompson of Harris H.B. No. 2306

A BILL TO BE ENTITLED
AN ACT
relating to the permanent authority of certain voters to vote early
by mail.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 82, Election Code, is amended by adding
Section 82.006 to read as follows:
Sec. 82.006. ELIGIBILITY FOR PERMANENT MAIL VOTER
STATUS. A qualified voter is eligible for permanent mail voter
status if:
(1) the voter:
(A) is 65 years of age or older on election day;
or
(B) has a sickness or physical condition that:
(i) prevents the voter from appearing at
the polling place on election day without a likelihood of needing
personal assistance or of injuring the voter's health; and
(ii) is likely to exist with the severity
required under Subparagraph (i) for the voter's lifetime; and
(2) the voter's name is not on the suspense list.
SECTION 2. Chapter 84, Election Code, is amended by adding
Subchapter C to read as follows:
SUBCHAPTER C. APPLICATION FOR PERMANENT MAIL VOTER STATUS
Sec. 84.101. FORM AND CONTENTS OF APPLICATION. (a) An
application for a ballot to be voted under this subchapter must:
(1) be in the form of an affidavit; and
(2) include, in addition to the information required
by the applicable provisions of Section 84.002:
(A) a statement that the voter seeks permanent
mail voter status;
(B) a statement of whether the voter intends to
vote in a political party's primary and, if applicable, which
party's primary; and
(C) an indication of the ground of eligibility
for permanent mail voter status.
(b) The official form of the application must include a
notice stating that if a voter desires to change the political party
affiliation given in Subsection (a)(2)(B), the voter must submit a
new application to the early voting clerk.
Sec. 84.102. SUBMITTING APPLICATION. An application
indicating that the voter seeks to acquire permanent mail voter
status is considered submitted for the first election following the
date the application is submitted. A voter may not attain permanent
mail voter status unless the voter timely submits the application
for that election as provided by Subchapter A.
Sec. 84.103. ACTION BY EARLY VOTING CLERK. (a) If a
qualified voter eligible for permanent mail voter status submits an
application under Section 84.101 stating a valid ground of
eligibility, the early voting clerk receiving the application
shall:
(1) place the voter's name on a list of permanent mail
voters; and
(2) notify the early voting clerks serving every
authority that orders elections in the clerk's jurisdiction of the
voter's permanent mail voter status.
(b) If the early voting clerk serving an authority receives
an application under Section 84.101 stating a valid ground of
eligibility, or is notified of the receipt of such an application by
another early voting clerk, the early voting clerk and the clerk's
successors shall provide a ballot to be voted by mail to the voter
as required by this code for each election ordered by the authority.
(c) An early voting clerk may not provide a ballot under
Subsection (b) to a voter whose name appears on the suspense list.
Sec. 84.104. CANCELLATION. (a) A voter having permanent
mail voter status may cancel an application for a ballot to be voted
by mail at any time. The cancellation is effective for an election
for which the voter timely cancels the application as provided by
Section 84.032, and all subsequent elections. A voter who has
canceled the voter's application under this subsection may apply
for permanent mail voter status for a subsequent election.
(b) Following cancellation under Subsection (a), the early
voting clerk shall notify the early voting clerks serving every
authority that orders elections in the clerk's jurisdiction of the
cancellation.
Sec. 84.105. ADDITIONAL PROCEDURES. The secretary of state
shall prescribe any additional procedures necessary to implement
this subchapter.
SECTION 3. (a) The secretary of state shall prescribe any
procedures under Section 84.105, Election Code, as added by this
Act, not later than January 1, 2014.
(b) The changes in law made by this Act apply only to an
election for which an application for a ballot to be voted by mail
may not be submitted before January 1, 2014.
SECTION 4. This Act takes effect September 1, 2013.